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2009 DIGILAW 1850 (RAJ)

Kartar Singh v. The State of Rajasthan

2009-08-19

RAGHUVENDRA S.RATHORE

body2009
JUDGMENT 1. - This criminal revision petition has been filed against the order dated 24.02.2009 whereby the learned trial court has framed charges against the petitioner for the offence under Sections 420, 489-B and 489-C IPC. 2. The instant criminal proceedings were initiated on a report lodged by one Ranveer Singh ASI, Police Station Sarmathura, District Dholpur. The prosecution case is that the informant had recovered fake currency from the possession of the accused persons Ramesh, Surendra and also from the present petitioner while they were purchasing a buffalo. The total currency notes were for a sum of Rs. 11,800/-. On lodging of the said report the investigation commenced and the accused persons were taken in custody. On conclusion of the investigation challan came to be filed against three accused persons including the petitioner. 3. Subsequently the case was committed before the Court of Special Judge, Jaipur City Jaipur on 17.02.2009. On that day the arguments were also heard for framing of charge. Thereafter the case was posted for 24.02.2009 on which the impugned order was passed by the learned trial court, framing charge against the petitioner only for the offences under Sections 489-B and 489-C read with 120-B IPC. Learned counsel for the petitioner has submitted that the petitioner is totally blind and as such it cannot be said that prima facie, he had committed any offence as alleged by the prosecution. Therefore, the learned trial court has erred in framing charge, as aforesaid. 4. I have considered the aforesaid facts and circumstances and also the evidence on record in respect of the disability of the petitioner issued by Medical and Health Department, Medical Board's Certificate on Permanent Disability, Government of Rajasthan, under Section 2 of the Persons with Disability Act, 1995 on 09.07.2007. According to it the disability of the petitioner is 100%. Furthermore, a handicapped certificate has been issued to the petitioner by Senior Specialist, General Hospital Dholpur. In my considered opinion, prima facie, no offence is made out against the petitioner for framing charge against him. 5. Consequently, this criminal revision petition is allowed and the impugned order dated 24.02.2009, qua the petitioner Kartar Singh son of Shri Babu Singh, is hereby quashed and set-aside.Revision Allowed. *******